Class Action Trends – Stephen Gulotta, Managing Member, New York Office (Video Content)

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

This monthly newsletter examines critical developments in product liability and mass tort litigation, including FDA guidance on PFAS in medical devices, state-level AI regulation in legal practice...

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

The U.S. Supreme Court will review a constitutional challenge to an 1868 federal law banning home distilleries, creating an opportunity to resolve a circuit split between the 5th and 6th Circuit Courts of Appeals. The case centers on whether the prohibition violates the Constitution's Taxation Clause or represents a legitimate exercise of congressional power to prevent tax evasion.

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.

US Citizenship and Immigration Services (USCIS) published a final rule on October 14, 2026 that permanently ends the automatic extension of up to 540 days for many Employment Authorization Document (EAD) renewals filed on or after October 30, 2025. Affected workers, including adjustment of status applicants and H-4 spouses, may need to stop working if their current EAD expires before USCIS approves the renewal.

Welcome to FDA in Flux — A Mintz newsletter tracking rapid changes in policy and agency actions that impact medical, life sciences, and consumer product investment decisions and development strategies.

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.

On September 18, 2026, President Trump issued a proclamation that extends through September 21, 2027 a $100,000 fee for H-1B petitions that are filed as consular petitions or are only approvable for consular notification.

The Trump administration's most-favored-nation pricing initiative has expanded to include nine additional mid-sized pharmaceutical manufacturers, bringing the total coverage to 89% of the brand drug market. These new agreements focus on Medicaid pricing discounts aligned with international rates, while manufacturers commit billions to U.S. manufacturing and research in exchange for exemptions from future pricing mandates and potential tariffs.

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.

October 2026 brought pivotal shifts in federal energy policy as stakeholders mobilized around the Senate's Bipartisan American Affordability and Jobs Act while the Trump administration's actions on renewable projects tested bipartisan consensus. The Department of Energy designated helium as a critical material amid supply disruptions and committed over $14 billion in nuclear financing, while House Democrats escalated investigations into politically-motivated grant terminations that could reshape oversight a

Recent amendments to New York City's Earned Sick and Safe Time Act (ESSTA) went into effect this month.

The US Department of State (DOS) has issued a temporary final rule implementing a new $750 expedited appointment fee that would allow certain B-1/B-2 nonimmigrant visa applicants to secure a visa appointment within 10 business days.

Effective January 21, 2026, the State Department indefinitely paused the issuance of immigrant visas for applicants from 75 countries on the stated basis of foreign nationals...